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Home My WebLink About20200286.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING FOUR-LOT RECORDED EXEMPTION, RECX19-0146 - RYAN HOSTETLER TTEE CARE OF NDTCO, C/O RYAN HOSTETLER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the request for Recorded Exemption, RECX19-0146, was submitted by Ryan Hostetler TTEE Care of NDTCO, c/o Ryan Hostetler, 1754 Valley Oak Drive, Loveland, Colorado 80538, for property which is located on the following described real estate, to-wit: SW1/4 of Section 29, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, this request was to divide the property into one (1) parcel estimated to be approximately 130 acres and three (3) parcels estimated to be approximately ten (10) acres each, and WHEREAS, the Board of County Commissioners heard the testimony and statements of those present, studied the request of the applicant and the recommendation of Weld County Planning Services staff and all of the exhibits and evidence presented in this matter, and WHEREAS, pursuant to the Weld County Home Rule Charter, Article 3, Section 3-13, the concurrence of three of the members of the Board is required to approve a Resolution, and WHEREAS, the motion to deny Recorded Exemption, RECX19-0146, received only two affirmative votes and therefore failed; and a subsequent motion to approve said Recorded Exemption also received only two affirmative votes, and the effect of the failure to obtain a majority vote is a denial of the motion. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for a Recorded Exemption, RECX19-0146, on hereinabove described parcel of land be, and hereby is, denied. cc.: PLCaS/TP),Ca($6), 2020-0286 tPPL O3 l oSlap RECX19-0146 DENY RECX19-0146 - RYAN HOSTETLER TTEE CARE OF NDTCO, C/O RYAN HOSTETLER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of January, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d,.�.� , �C �I0 �^-;(1 g,,.Q _ WJ Mike Fr man, Chair Weld County Clerk to the Board • Steve Moreno, Pro-Tern Deputy Clerk to the Board EXCUSE Sean P. /onway • APP %i.c,t/1. James unty Attorney :arbara Kirkmey Date of signature: x1/0'/20 2020-0286 RECX19-0146 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE . 1861 , REMAINDER RETAINED ELECTRONICALLY IN TYLER . J. DEPARTMENT OF PLANNING SERVICES �.c0DNT & RECORDED EXEMPTION F ADMINISTRATIVE REVIEW PLANNER : Angela Snyder HEARING DATE : January 22 , 2020 CASE NUMBER : RECX19-0146 APPLICANT : Ryan Hostetler TTEE Care of NDTCO c/o Ryan Hostetler REQUEST : Four- Lot Recorded Exemption LEGAL DESCRIPTION : SW4 of Section 29 , T4N , R64W of the 6th P . M . , Weld County, CO LOCATION : North of and adjacent to County Rd 40 , east of and adjacent to County Rd 51 PARCEL NUMBER : 1053 -29-3-00- 013 PARCEL SIZE : Total ± 160 acres ZONE DISTRICT : A (Agricultural ) Proposed Lot A ± 10 acres Proposed Lot B ± 10 acres Proposed Lot C ± 10 acres Proposed Lot D ± 130 acres WATER SOURCE : Proposed Wells SEWER SOURCE : Proposed Septic Systems Description : The applicant is requesting a four- lot recorded exemption on a non - irrigated quarter section currently being used for oil and gas activity and rangeland . The Neres Canal runs through the west side of the property. The applicant has requested separate accesses for each lot off County Road 40 . This is the first recorded exemption request on the property . The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons : Section 24 -8-20 of the Weld County Code states : The Recorded Exemption is a land division process used to divide a lot into two (2) , three (3) or four (4) separate lots. Examples of when a Recorded Exemption application may be submitted include creating a lot in the A (Agricultural) Zone District for a single-family residential building site, separating existing improvements from agricultural land, and creating a lot in a Commercial or Industrial Zone District for existing or future development. A Recorded Exemption must not be for the purpose of evading the requirements and intent of this Chapter. While the applicant is creating four lots from one parent parcel for the purpose of single-family building sites , the lack of existing improvements and proposed layout imply that the exemption , if approved , will create a new , linear residential subdivision using County Road 40 as the neighborhood access road . Using the exemption process to create a subdivision evades normal subdivision requirements for health , safety and welfare . The unintended consequences associated with exemption development include but are not limited to access maintenance disputes , unclear and often inadequate water supply, potential inadequate fire protection and safety concerns from driveways accessing directly onto County roads . Furthermore , purchasers of exemption lots often do not understand the Right of Farm and the Right to Extract Mineral RECX19-0146 Page 1 of 7 2. 020 -0286 C� I� � O RcXI9019 Co Resources granted in the A(Agricultural)Zone District and object to impacts of agricultural operations and oil and gas development and assume they have purchased a home in a rural residential neighborhood. Section 24-8-40.J of the Weld County Code states: The proposal is consistent with sound land use planning practices. The recorded exemption process was designed for slow, rural development and does not include the rigor and thorough evaluation necessary for higher density development. Section 24-8-40.K of the Weld County code states: The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter. A. Assisting orderly and integrated development. B. Promoting the health, safety and general welfare of the residents of the County. C. Encouraging well-planned subdivisions by establishing adequate standards for design and improvement. Circumventing a subdivision approval process diminishes opportunity to evaluate the neighborhood and establish adequate standards for design and improvement. Other options do exist in the Weld County Code to create new parcels of land on this property without using the Recorded Exemption process. The Planned Unit Development (PUD) and Minor Subdivision are appropriate processes to create legal lots to be used for residential purposes, however those processes require a public water source. Central Weld County Water District is the closest provider of public water and the district boundary is one (1) mile from the proposed exemption lots. Additionally, the Zoning Permit for a Certain Uses in the A (Agricultural) Zone District (ZPAG) may be utilized to permit an additional dwelling unit on a property in the Agricultural Zone District. Should the Board of County Commissioners approve this request,the Department recommends the following conditions be attached: 1. Prior to recording the plat: A. The applicant shall submit to the Department of Planning Services unrecorded deeds that describe the new recorded exemption lots and associated recording fees. The deeds will be recorded in conjunction with the recorded exemption plat. B. The applicant shall attempt to address the requirements of Farmers Reservoir and Irrigation Company, as stated in the referral response dated December 16, 2019. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. The applicant shall attempt to address the requirements of Weld County School District RE-7, as stated in the referral response dated December 16, 2019. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. D. The applicant shall address the concerns of the Public Works Referral dated December 19, 2019 relating to the proposed Lot A, B, C, and D access location(s). E. Lots A, B, and C shall comply with the two and one-half(2 1/2)acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. F. Lot A shall comply with the less than thirty-five (35) acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. RECX19-0146 Page 2 of 7 G. Lot D shall comply with the one-hundred twenty(120) acre minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include future road right-of-way. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1053-29-3 RECX19-0146 B. A 30-foot-wide joint access and utility easement extending across Lots A, B, C and D from County Road 40,for the benefit of Lots A, B, C and D, shall be shown clearly on the plat.The joint easement shall be dedicated for the use as shown using the language set forth in the Weld County Code, Appendix 24-F.2. The easement shall be graded and drained to provide all weather access. C. County Road 40 is a gravel road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01) as a local road, which requires 60 feet of right- of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. D. County Road 51 is an unmaintained section line right-of-way. The applicant shall verify and delineate on the map the unmaintained right-of-way and the documents creating the right-of- way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the section line Right-of-Way as "CR 51 Section Line Right-of-way, Not County Maintained". E. Show and label the existing and proposed access point(s) and the usage types (Agriculture, Residential, Commercial/Industrial,or Oil and Gas). Public Works will review access locations as a part of the plat submittal. F. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. G. Show and label all recorded easements by book and page number or reception number and date. 3. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right- of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2018 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead or within a 25-foot radius of any plugged or abandoned oil and gas well. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6- 10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. RECX19-0146 Page 3 of 7 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 6) Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. 7) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. 8) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 9) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 10) Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. 11) The historical flow patterns and runoff amounts will be maintained on the site. 12) Prior to the release of building permits,the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 13) Prior to the release of building permits on Lots A, B, C or D, the applicant shall submit evidence to the Department of Planning Services the lot has an adequate water supply of sufficient quality, quantity and dependability. 14) Potential purchasers should be aware that Lots A, B or C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals.The State Division of Water Resources issues all well permits. 15) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 16) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots.Any lot may be deemed non-buildable if the lot owner is unable to obtain a well permit. The State Division of Water Resources issues all well permits. 17) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or RECX19-0146 Page 4 of 7 washing of livestock or poultry. 18) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee, the County Facility Fee and the Drainage Impact Fee Programs. 19) Potential Purchasers are hereby notified that a non-1041 major public utility is permitted by USR12-0006, Reception #3868016, and is located on proposed Recorded Exemption Lots B, C and D. 20) The approved configuration of lots does not constitute justification for further land splits. 21) Recorded Exemptions on adjacent properties may raise the issue of compliance with the intent of the Recorded Exemption Process. Approval of this Recorded Exemption does not guarantee approval of future applications on adjacent properties 22) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b)the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 23) WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town.Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well- run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. RECX19-0146 Page 5 of 7 Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000)square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. Additional Information. A. If residences or structures requiring water and sewer are constructed or used for proposed lots, Weld County OWTS Permits are required for septic systems and shall be installed according to the Weld County On-site Wastewater Treatment System Regulations. B. The applicant has proposed a well as the source of adequate water for Lots A, B, C and D. Property owners are advised that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 5. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The applicant shall submit an electronic copy (PDF) of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services.The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge shall added for each additional 3-month period. 7. If the exemption plat has not been recorded within sixty (60) days from the date the administrative review was signed, or Board of County Commissioners resolution, or if an applicant is unwilling or unable to meet any of the conditions within sixty (60) days of approval, the application will be forwarded to the Board of County Commissioners with a staff recommendation for denial. The RECX19-0146 Page 6 of 7 Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. 8. The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the recorded exemption. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. By: z: ,. ° c �°f G" ,: Date: January 2, 2020 Angela Snyder, PlanneV RECX19-0146 Page 7 of 7 RECX19 0146 Hostetler Board ofCountyCommissioners January 22 , 2020 CASE NUMBER : RECXT9 - 0146 APPLICANT: RYAN HOSTETLER TTEE CARE OF NDTCO C/ O RYAN HOSTETLER PLANNER : ANGELA SNYDER REQUEST: FOUR ( 4 ) LOT RECORDED EXEMPTION LEGAL DESCRIPTION : SW4 of Section 29 , T4N , R64W of the 6th P. M . , Weld County, CO LOCATION : North of and adjacent to County Rd 40 , east of and adjacent to County Rd 51 fii if • \if • _ - . SA a . , . ,, , . i 44, .. A . Ili u IN 1 AJCX1TCID i Cis' L ' T L I • • I ii 1 " • RECX19-0146 RECX19 -0145 cx 9 C • lit .1I "• D L e%laTh. . - — I 4 .i, v , 1 i . I - T I. ...i : .1 hr. j %W • Ii . I 1 d' Le 11. ili al 2 i C • ._ i- ip 4 1 -a ii A B • • .I as I Wr Vie. au- is T• il PP 31"" t." nil R _.i �._ ice' �s' •� P' Yr•� �• o• �� o i •'i. y2 MEI �. '.t��.. 't�� '� 1 • o_p In I J - Is El L: . 1 .�. E L T L T . . , : :� OI. T . . . c_ il 114�. _ : _ r. r ". . • RE- �� E 'can X "1 �1 -I Lo T -.,: mi I 'y. \lip r i �� _. Four Lot RE€X19-0146 . _ �� - � - �� Recorded Exemption • � � �V — I 1( . 1 Ad - � Contiguous land ownership = 123 + Acres D . • _ - ; - . • � ii_ _ ? i imt , - . 4, dri L.t � I Remaining contiguous property included : f_ e.. _. ,, .._._ , , , y � unless the remaining parcel : ,I , j. _ r• f t r 41 . & r _ C I ' I i i • 4 �� " At least eighty ( 80 ) acres , OR 44 I ' . I i . • R • �L, _ i i ,1/4,1/4„ , ,, I- Half ofa quarter section , OR , I, A . ,I ii'_. 'I . a , , , F _ � _ � , , __ - An existing recorded exemption , OR RE- 2 RECX17- 008 1 E TA LO 1 � r4 ° E - - D8a RED Created prior to subdivision regulations \yak LOT .-. � RE * X055 P. E- 380 :. t , ,„ • Vt I ,, Fou r Lot i +, „........... sm.., lis t-- �ir� > a ......„.„. , E � = .. , RE / Recorded Exe m pt 1 o n P ' , i _. Le... 4 1 Y£ - H ., . Three • proposed lots shall at . , ill IF t - ii , E t 1t I , -3 , di, z ‘ _ 2 5 . ,_ *. . •_ '' + rleast . acres on well water sit, , i i II i 'St �mier• "1„-a„,- The I { . la .. D I :t ' f � lot must be at least, ., iourth least I ibitte41 I i , , Ii. , , _ _ . . cres ers,aativ .'i4 __ 4 t The , I. replots A . . ,, B I . I, , L, _ ii I% together._._ . i k As, A.„ i 41•I I ,, , , ��4� mk - '� It.4 A . a _ L K M►'' _...__ aL _ - - +L --- - - - • MI lip°y..�I' 1 T ' �' Illj E , —m N "� �V Le T at P E _ 4084. LO TA , s . E * a. ' o55 , R,IMF.; 0 _ -- - , _ 4' II lit —� .4. r...... ,........... Four Lot RE�19Oa46 � ,�s - RE ] Recorded Exemption Itibt� . ,r : '' The three ( 3 ) smaller lots are not v _ - d k 4 ' sir . � eligible for future land exemptions . . . , . 3 IF q , �s P s-r The larger lot ( Lot D ) is eligible to apply '`' for a future land exemption five ( 5 ) H �'� � � years from the sate of recording the 1 A B C exemption plat, in accordance wit h '� � � A Section 24 - 8 - 40 . M . a RE- 2 - : Recxi7- 0083 �.or�� LG7 �. ° E - D84 LO Nii �'. LOT .-. RE * X055 RE- 380 �_ Exemption Standards ➢ Water Supply — Well water is acceptable . ( DWR referral ) ➢ Sewer Service — Septic systems are acceptable . ( EH referral ) ➢ Access - shall endeavor to achieve the goal of no "net increase " in the number of accesses onto adjacent County roads when accesses already exist. — Does Not Comply, Requested 2 new accesses — > No net increase Exemption Standards ➢ Zoning — Recorded exemptions are allowed in the A ( Agricultural ) Zone District ➢ Comprehensive Plan — A . Policy 6 . 1 . Support the continuation of division of lands in agricultural areas that are exempt from subdivision regulations . ➢ No IGAs or affected municipalities Exemption Standards ➢ Compatible with Surrounding Land — Smaller lots are across CR 40 from other smaller recorded exemption lots ➢ Comprehensive Plan — A . Policy 6 . 1 . Support the continuation of division of lands in agricultural areas that are exempt from subdivision regulations . ➢ No IGAs or affected municipalities Exemption Standards > Consistent with sound land use . tanning practices . The recorded exempti . n process was designed for slow , rural development and does not include the rigor and thorough evaluation necessary for higher density . evelopment . Exe m ption Stand a rd s ➢ Consistent with the Statement of Purpose as expressed in Section 24 - 1 - 30 A . Assisting orderly and integrated development . B . Promoting the health , safety and general welfare of the residents of the County. C . Encouraging well - planned subdivisions by establishing adequate standards for design and improvement . Circumventing a subdivision approval process diminishes opportunity to evaluate the neighborhood and establish adequate standards for design and improvement . Exemption. Standards ➢ Size and time requirements - met ➢ Consistent with good agricultural practices — Does not remove any irrigated ag land from producti • n , . . _ WELD COUNTYIra ONLINE WOW] NC 4-Lot Recorded Exemption Tzr- -T 1• 'a Fort C al,'fp. • � • i - - *WS- appiplebe 4,410•1•1`"- ,,, -1`-- 109 Legend t .. ..or • -: ► parcels -- - t, -kg r - T Li ,..aunty Boundary - `"'J J Feld county ";4 7 Existing Access �' - z 7 r''rcposed Access f _ • - LotD . ` _ 130 ac + • A \ - -‘ .. 4** 'et* I :. +PI% . a I /}, .,, ��r' - I a. , • . he -444 l\t1 , 4 . p..... S iiii ir..- ' T., LotA LotB Lot I ,,1/4` .. 10 ac +/- 1C ac +/- 10 ac +1- r ir, 7 - it \ A. { b 1 k _ I in ` - _ (Jig .l' ' . 1 . 6,70 3 0 I 1118984 ' --------M, �►.'.� Notes 1.1171 G 558.511 1,1 '7.1 Feet This map is a user generatec static output fro•n an Intel-et mapping site and is for reference only Data layers that apnea' on thik map may or may '+ot be accurate. IAICS_19M_Wel Mercator_Auxiliary_Sphere Current or otherwise reliable C Weld County Colorado THIS MAP 1S NOT TO BE USED FOR NAVIGATION . - - - — DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: asnyder@weldgov.com ' PHONE: (970)400-3525 4_ G FAX: (970) 304-6498 November 21, 2019 SHANNON TOOMEY 3050 67TH AVENUE GREELEY, CO 80634 Subject: RECX19-0146-4-LOT RECORDED EXEMPTION On parcel(s)of land described as: SW4 SECTION 29 T4N R64W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. If you have any questions concerning this matter, please call. Respectfully, Angela Snyder Planner RECORDED EXEMPTION (RECX) APPLICATION DEPARTMENT OF PLANNING SERVICES * 1555 N . 17Th AVENUE * GREELEY , CO 80631 www.weldgov, com t 970-400-6100 * FAX 970-304-6498 _ r FOR PLANNING DEPARTMENT USE: DATE RECEIVED : I \ 1e r 1 AMOUNT $ iect _- - CASE # ASSIGNED: Peal 41 ` '' APPLICATION PitECEIVED BY : PLANNER ASSIGNED: Parcel Number 1 0 5 3 . 2 9 . 3 _ 0 _ 0 1 3 ( 12 digit number - found on Tax I , D . information , obtainable at the Weld County Assessor's map found at www.weldgov. com ) Legal Description SW4 - , Section 29 , Township 4 North , Range 64 West Has the property been divided from or had divided from it any property(ies) since August 30, 1972 ? YES O NO Is the property located in a floodplain? YES NO ;Q Unknown Is the property located in a geohazard area? YES FL NO 'S Unknown FEE OWNER 'S) OF THE PROPERTY: Name: Ryan L. Hostetler TTEE Care of NDTCO Company: Phone #: (720) 684-4111 Email : ryran@agpres. xom Address : 4754 Valley Oak Drive City/State/Zip Code: Loveland , CO 50538 FEE OWNER (cont.) or APPLICANT : Name: _ Company: Phone # : Email : Address City/State/Zip Code: AUTHORIZED AGENT*: Name:. Shannon Toomey Company; Agprofessionals Phone #: (970) 535-9318 Ernailf: stoomey@agpros, com Address : 3050 67th Avenue - City/State/Zip Code: Greeley, CO 80634 *Authorization Form must accompany ail applications signed by an Authorized Agent Lot A smallest lot Lot B Lot C Lot D Proposed Use (i. e. Ag or Res Res Res Ag Res)Proposed Acreage 10 +/- 10 +1- 10 +/- 130 +/- Address not assigned not assigned not assigned not assigned I (We) request that the above described property be designated a Recorded Exemption by the Weld County Board of County Commissioners . I (We) hereby depose and state under penalties of perjury that all statements, proposals, andior plans submitted with or contained within the application are true and correct to the best of my (our) knowledge . Signatures of all fee owners of property must sign this application . If an Authorized Agent signs , a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner , notarized evidence must be included showing the signatory has the legal authority to sign for the corporation . /1 1 / r4r , ( 661,, q Si ature : Owner or Au horized Date Signature: Owner or Authorized Agent Date \''R.111171 0 a-a -Came-3`0 Print: Owner or Authorized Age. t Print Owner or Authorized Agent *If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application . If a corporation is the fee owner, notarized evidence must be included stowing the signatory has the legal authority to sign for the corporation. Page 16 AGPROfessionals DEVELOPERS OF AGRICULTURE 4-Lot Recorded Exemption Questionnaire Prepared for Ryan Hostetler 1 . Domestic/ Potable water: Describe the water supply and provide evidence of sufficient quality, quantity and dependability for all lots. A letter from a water district, municipality , or a well permit is examples of evidence of domestic/potable water, If utilizing a drinking water well include either the well permit number and/or the well permit application that was submitted to the State . If sharing a well a shared well agreement is required . If on public water include a letter from the Water District, a tap or meter number, or a copy of the water bill. Lot A Water Source : Proposed well Lot B Water Source : Proposed well Lot C Water Source : Proposed well Lot D Water Source : Proposed well 2. Irrigation water: State the type and quantity of irrigation water to the site or when irrigation water has been removed from the site . N/A 3. Adequate means for the disposal of sewage : If utilizing an existing septic system provide the septic permit number . If there is not a permit due to the age of the existing system , apply for a septic permit/documentation through the Department of Public Health and Environment prior to submitting this application . If a new septic system will be installed , please state that a new septic system is proposed . A copy of the septic permit or a letter from the sewage disposal facility must accompany the application . Lot A Sewage Disposal : Proposed septic Lot B Sewage Disposal : Proposed septic Lot C Sewage Disposal : Proposed septic Lot D Sewage Disposal : Proposed septic There are no existing residences or commercial buildings on proposed Lots A , B, C, or D . If, in the future, new residences or commercial buildings are proposed , septic systems will be designed , constructed , and permitted according toapplicable state and county regulations . 4. Describe how the property is being used ! The property is currently used for oil and gas and rangeland . ENGINEERING , PLANNING , CONSULTING & RE.A► L ESTATE 3050 67th Avenue, Suite 200 o Greeley, CO 80634 97O.535.9318 / office D 970.535.9854 / fax 0 www.agpros.com Page 2 of 2 5. Describe the vehicular access to the new and existing Tots = There are two existing oil and gas accesses on Weld County Road (WCR ) 40 approximately 3 ,300 ft. and 4 , 330 ft . west of WCR 53 , respectively. The access approximately 3 ,300 ft west of WCR 53 is located on proposed Lot B. There is an existing access on WCR 40 that leads onto the ditch road following the Neres Canal . This access is approximately 4, 830 ft . west of WCR 53 and is located on proposed Lot D . A new access located approximately 4, 000 ft_ west of WCR 53 is proposed to serve Lot A. A new access located approximately 2$70 ft . west of WCR 53 is proposed to serve Lot C. 6 . Describe the location , size, of the new lets ). Proposed Lots A , B , and C will each be approximately 10-acres and will be located in the S E portion of the property along WCR 40 . The remaining approximately 130-acres will make up proposed Lot Q . 7 . Describe any unique physical characteristics on the site , if applicable such as rock outcroppings, hills, ditches. N eres Canal runs through the property_ 8 . Is there a business or Use by Special Review permit on the property? If YES, will it be vacated or remain on the Recorded Exemption logs )? U SR12-0006 1 -0006 for a Non- 1O41 Major Facility crosses the property but does not encumber the entire parcel . This USR is proposed to remain on the recorded exemption lots . I I 4505503 07 /25/2019 08 : 11 AM Total Pages; 2 Rec Fee: $ 18 . 00 Doc. Fee: $22. 00 Carly Kopp es - Clerk and Recorder, Weld County, CO WHEN RECORDED RETtJ RJN TO. Ryan L. Hostetter :e1 I First American 4754 Valley Oak Drive Loveland, CO 80538 Fite Number; S525-3243066 SPECIAL WARRANTY DEED THIS DEED, blade this Seventeenth day ofauly, 2019, between ,A] Solutions LW,. a Colorado limited liability company duly organized and existing under and by virtue of the laws of the State at Colorado; grantor, and Ryan L. Hostetler TTEE Care of NDT+o whose legal address is 4754 Valley Oak Drive, Loveland, CO 80538 of the County of Weld and State of Colorado, grantee; WITNESSETH, That the grantor, for and in consideration of the sum of TWO HUNDRED TWENTY THOUSAND AND NO /100 DOLLARS ($ 120,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by the presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld , smote of Colorado, desctibed as follows ; The Southwest 1/4 of Section 29, Township 4 North, Range 64 West of the 6th P. M., County of Weld, State of Colorado. also known by greet and number as: TED Kersey Land, Kersey, CO 80644 TOGETHER with all and singular the hereditaments and appurtenann thereunto n - longing, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profb thereof, and all the estate, right, tide, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee his heirs, and assign forever. The grantor for his heirs and personal representatives or successors, does covenant and agree that this shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the granter except general taxes for the current year and subsequent years, and subject to statutory exceptions. The singular number shall include the plural, the plural the singular, and tie use of any gender shall be applicable Wall gender, Doc l=ee: $ 41- P Pagel oft C. h 1:7MJT NtNti;310.!rJr6f 77eFtflinr elarA i s:r.flaw Tart` -, . T r ', .:LET Man Inc . IS 5KI,13209 WE 4508503-2019 . 001 i 4508503 07/25/2019 08 : 11 AM Page 2 of 2 IN WITINIESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its , and its caporate seal to be hereunto affixed, attester by ;t , the tidy,. and year first above written . A] Solutions Lit, a Colorado limited liability company NJ, . 'esseoq Title: 1 State of Colorado f ) i S County olipf - _) The foregoing instrument was acknowledged to before me this Seventeenth day of July, 2019 by Jorge Arriessecq, the Manager of A.1 Solutions LLC, a Colorado limited liability company. . ./7:11) sr.....— , Witness my hand i and officials s .c._ 7 .7 , , tat-a �; t %Uyt�� =zC �� Notary Public tioLitCy 10 41. 19904v 1 ;; ..1,f i ±/J-.-• - 12 t i 3 .1?) Page 2 of 2 .. _ ---• ___ - ------- ___ -- _ . _, . ' ,--rte--.7,... _ _ - -- _ di. 1N._"_.-._�._ __.- _.NSr._,T= =_--_ _.-. - - - - - - — •-- -- — - SKLD , Inc . LG SKL13209 WE 450850a- 2029 , 002 AGPROfessionais 'I DEVELOPERS O1, Ac K!C IJ L RJ RE 4-LOT RECORDED EXEMPTION WATER STATEMENT Prepared for Ryan Hostetler There are no existing or proposed residential or commercial buildings on the property requiring potable water service . If, in the future, new residential or commercial buildings are proposed , wells will be constructed and permitted according to applicable state and county regulations . ENGINEERING , PLANNING , CONSULTING & REAL ESTATE 3050 67 Avenue • Suite 200 • Greeley, CO 80634 970 .535.9118 / office • 970.535.9854 fax ■ 1a pr=os. com ill P - i onals DEVELOP1. 1,(> O} C ; R1CUI UR.E 4- LOT RECORDED EXEMPTION SEPTIC STATEMENT Prepared for Ryan Hostetler There are no existing or proposed residential or commercial buildings on the property requiring sewage disposal . If, in the future, new residential or commercial buildings are proposed , septic systems will be designed , constructed and permitted according to applicable state and county regulations . ENGINEERING , PLANNING , CONSULTING & REAL ESTATE 3050 67th Avenue • Suite 200 ■ Greeley, CO 80634 970.535. 9318 / office I. 970.535.9854 / fax • www.agpros,com a A AGPROfessionals DEVELOPERS OF AGRICULTURE October 31 , 2019 To Whom It May Concern: Ryan Hostetler is contracted with AGPROfessionals for all permitting, planning, engineering, and regulatory work relating to Weld County land use permitting. AGPROfessionals is authorized to represent and request the release of all records necessary on behalf of R yan Hostetler.. Sincerely , / 7frpe Hostetler Date ENGINEERING , PLANNING , CONSULTING & REAL ESTATE. 3050 67th Avenue • Greeley, CO 80634 970.535.9318 / office • 970,535.9854 / fax • www.agpros,corn AGPROfessionais DEVELOPERS OF AGRICULTURE Note on Statement of Taxes As the property was purchased by the current owner in July 2019 , there are no tax records available at this time for 2019 The attached Statement of Taxes demonstrates that no delinquent taxes exist for the original parcel, as the previous owner, AJ Solutions , LLC , paid all necessary taxes for 2018 . ENGINEERING , PLANNING , CONSULTING & REAL ESTATE 3050 6711 Avenue • Greeley, Co 80634 970. 535 .9318 / office • 970. 535.9854 / fax . www.agpros. corn Weld County Treasurer Statementof Taxes Due Account. Number R8944924 Parcel 10532930001 Assessed To kJ SOLUTIONS LLC 6705 W 2l ST STREET GRF.FI _FY, CO 80{x_ e1 -7g3 Legal Description Situs Address S2 29-4-64 Tax Interest Fees Payments H a Tax Charge 2018 51 .161 .90 $0.00 $0.00 ($1,161 .90) $0.00 Total Tat Charge $0.010 Grand Total Due as of L0131/2019 $0.00 Tax Billed at 2418 Rates for Tax Area 0753 - 0753 ActImaky I ] Levy Amount \rah= Actual Assessed WELD COUNTY 15,0380000* $402.70 AG-SPRINKLER S86,450 S25 ,070 SCHOOL DEIST l E7 8.9340000 $239.25 IRRIGATED ATEI LAND CENTRAL COLORADO WA [ER 1 .5 400000 $4'1 .25 AG-GRAZINGLAND' $5,687 $ I , 50 QCC W AG-WASTE LAND $203 $.60 CENTRAL COLORADO WATER 2.7390000 $7135 Total 594340594340 $26,780 SURD PLATTE VALLEY FIRE 5. 1650000 $ 138.32 AIMS JUNIOR COLLEGE 6.3050000 $ 168.85 HIGH PLAINS LIBRARY 3.2520000 $87.09 WEST OREELEY CONSERVATION 0 .414000➢0 $ 11 ..09 Taxes Billed 2018 4.3.3.1170000 $ 1 ,161 .90 * Credit Levy ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER. OR TO ADVERTISING AND DISTRAINT WARRANT FEES, CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER TH'E FOLLOWING DATES : PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1 . TAX LIEN SALE. REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH, Weld Treasurer 1400 N 17th Avenue, P . O . Box 458, Greeley , Co 80632 , (910 ) 400 -3290 Page 1 of 1 -- - Submit by Email Weld County Referral November 21, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: RYAN HOSTETLER TRUSTEE C/O NDTCO Case Number: RECX19-0146 Please Reply By: December 19, 2019 Planner:Angela Snyder Project: 4-LOT RECORDED EXEMPTION Location: NORTH OF AND ADJACENT TO COUNTY ROAD 40; EAST OF AND ADJACENT TO COUNTY ROAD 51 Parcel Number: 105329300013-R8961651 Legal: SW4 SECTION 29 T4N R64W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. r We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. r See attached letter. Signature HDutrow Date 11/22/2019 Agency Zoning Compliance Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax Submit by Email Weld County Referral November 21, 2019 The Weld County Department of Planning Services has received the following item for review: Applicant: RYAN HOSTETLER TRUSTEE C/O NDTCO Case Number: RECX19-0146 Please Reply By: December 19, 2019 Planner:Angela Snyder Project: 4-LOT RECORDED EXEMPTION Location: NORTH OF AND ADJACENT TO COUNTY ROAD 40; EAST OF AND ADJACENT TO COUNTY ROAD 51 Parcel Number: 105329300013-R8961651 Legal: SW4 SECTION 29 T4N R64W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. r We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. r See attached letter. Signature Ryan Buderus, Captain of Prevetion Date 12/3/2019 Agency Platte Valley Fire Protection District Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax MEMORANDUM TO: Angela Snyder, Planning Services 18 ,1 FROM: Mike McRoberts, P.E., Public Works DATE: December 19, 2019 � , .GO_UNTY SUBJECT: RECX19-0146 Hostetler The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: Parcel(s): 105329300013 The project proposes to: Four Lot Recorded Exemption ACCESS: Weld County Public Works has reviewed the application materials related to access and determined that there are two existing oil and gas accesses on County Road 40 approximately 3,315 feet and 4,350 feet west of County road 53. The access approximately 3,315 feet west of County Road 53 is located on proposed Lot B. There is an existing access on County Road 40 for the Neres Canal ditch rider's road. This access is approximately 4,850 feet west of County Road 53 and is located on the proposed Lot D. The applicant is proposing to have two (2) new accesses on County Road 40, while keeping all aforementioned existing accesses. One of the new accesses is to be located approximately 4,000 feet west of County Road 53 to serve Lot A. The other new access is proposed to be located approximately 2,970 feet west of County Road 53 to serve Lot C. However, Weld County Code Section 24-8-40 states, "All accesses...shall endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist." The code further stipulates that, "Contiguous lots created through the exemption process shall, when practicable [able to be done], share access." Because a shared access is practicable for this recorded exemption, the applicant shall use the existing access located approximately 3,315 feet west of County Road 53 as a shared access for Lots A, B, C, and D; or the applicant shall close and reclaim the existing access located 3,315 feet west of County Road 53 and create one (1) shared access for Lots A, B, C, and D on County Road 40 that meets the minimum access spacing criteria for a local road listed in Table 1 below. (Existing accesses on both sides of County Road 40 shall be considered when evaluating access spacing for the new shared access.) The applicant shall create and record a minimum 30-foot wide access and utility easement to provide legal access to Lots A, B, C, and D. ACCESS Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between intersections Signalized 2,640 N/A N/A Unsignalized 1,320 1,320 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access location with Public Works prior to laying out your site plan. All "preliminarily approved" accesses are subject to change during the access permitting process. For the new shared access, Public Works strongly recommends the property owner establish an access road maintenance agreement so future owners of the properties will be aware of their requirements for shared maintenance of the access road. This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHT-OF-WAY: County Road 40 is a gravel road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01)as a local road, which requires 60 feet of right-of-way.The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. County Road 51 is a section line road. Section line right-of-way does not exist in all sections in Weld County and should be verified before a decision to utilize it is made. Weld County commonly refers to these locations as "Non-Maintained Section Line Right-of-Way."The existence of a physical road does not imply public right-of-way and the road may be located on private property. All right-of-way should be verified and physical roads located in relationship to the public right-of-way to ensure trespassing does not occur. The applicant shall verify the existing right-of-way and the documents creating the right-of-way and this information shall be noted on the plat.The applicant shall delineate on the plat the existing right-of-way and physical location of existing or proposed roads. If the right-of-way cannot be verified it shall be dedicated or an adequate easement between property owners shall be provided. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. Be aware the physical roadway(s) may not be centered in the right-of-way. This road is NOT maintained by Weld County. Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right-of-Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any County rights-of-way or easement. Right-of-Way Use Permit instructions and application can be found at https://www.weldgov.com/departments/public works/permits/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. CONDITIONS OF APPROVAL: A. The applicant shall address the concerns of the Public Works Referral relating to the proposed Lot A, B, C, and D access location. (Department of Public Works) B. The plat shall be amended to delineate the following: 1. County Road 40 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated.The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) 2. County Road 51 is an unmaintained section line right-of-way.The applicant shall verify and delineate on the map the unmaintained right-of-way and the documents creating the right- of-way. All setbacks shall be measured from the edge of right-of-way. This road is not maintained by Weld County. Any unmaintained road needs to be located/identified in relationship to the right-of-way. Show and label the section line Right-of-Way as "CR 51 Section Line Right-of-way, Not County Maintained". (Department of Public Works) 3. Show and label the existing and proposed access point(s) and the usage types (Agriculture, Residential, Commercial/Industrial, or Oil and Gas). Public Works will review access locations as a part of the plat submittal. (Department of Public Works) 4. Show and label a minimum 30-foot wide access and utility easement to provide legal access to Lots A, B, C, and D on the plat. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE PLAT) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 2. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. (Department of Public Works) 3. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat,including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. (Department of Public Works) 4. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 5. Prior to the release of building permits,the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. (Department of Public Works) 6. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. (Department of Public Works) 7. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org Memorandum To: Angela Snyder, WC Planning From: Dani Serna, Environmental Health Services Date: December 19, 2019 Re: RECX19-0146 Applicant: RYAN HOSTETLER TRUSTEE C/O NDTCO Environmental Health Services has reviewed this proposal to exempt three lots from a 170 acre parcel. Proposed lot A will consist of 10 acres, proposed lot B will consist of 10 acres, proposed lot C will consist of 10 acres, and proposed lot D will consist of 130 acres. All lots are currently vacant. All proposed lots are proposing new wells and OWTS as applicable. The Environmental Health Services Division recommends the following: Prior to construction: 1. If residences or structures requiring water and sewer are constructed or used for proposed lot A or B, Weld County OWTS Permits are required for septic systems and shall be installed according to the Weld County On-site Wastewater Treatment System Regulations. The following should be included as notes on the plat: 2. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. Health Administration Public Health& Environmental Health Communication, Emergency Preparedness Vital Records Clinical Services Services Education&Planning g Response Icic:9/U 304 6410 laic:9/0 304 6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470 Fax: 9/0-304-6412 Fax: 910-304-6416 Fax: 970-304-6411 Fax. 970-304-6452 Fax: 970-304-6452 Public Health E Glenn McClain Jr. Ed.D. P. O. Box 485 Superintendent of Schools R F Kersey CO 80644 Platte Valley + ho rl District Phone: 970-336-8500 I Fax: 970-336-8511 Weld RE-7 Email : i _ a PLATTE ALLEY , gjncct.aimrapvre/ 4r November 22, 2019 Weld County Planning Department Attn. : Angela Snyder 1555 , 17th Avenue Greeley, CO 80631 RE: Four Lot Recorded Exemption RECX19-0146 1 -0146 Shannon Toomey/Ryan Hostetler The Board of Education of Platte Valley School District, Weld RE-7 passed the land dedication, cash-in-lieu policy at the March 13 , 2000 meeting. This policy addresses new developments and recorded exemptions that would affect the district. The policy is specifically intended for land use that will create a new residence. A cash-in-lieu p a ment of $ 750.00 is required for each new residential lot. It is the interpretation of the district that 3 new residence lots could be established with this recorded exemption. Total due would be $2,25O This policy is an effort to assist the district in mitigating the increasing capital cost of g rowth. Please forward this information to potential land developers and individuals requesting to establish a new residence as part of their site-specific development plan so that they may make arrangements with the school district to satisfy the requirements of the policy. The district also requests that the land developer contact the school in regard to transportation. As the intended use is for residential development, consideration for a school bus stop needs to be examined, Please contact the district office with specific access locations and student transportation needs. Please contact my office if you have any questions. Sincerely, E. Glenn McClain, Jr, , Ed. D . Superintendent of Schools ,A f '.'" ! ti •d W ! I 1 i( , pursuing excellence for all The Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton, CO 80601 303 -659-7373 TO : Weld County DATE : December 14 , 2019 ENTAILED TO : ASnyderweldgov . com APPLICANT : Ryan L. Hosteltler Trustee C/O NDTCO RE : 4 -Lot Recorded Exemption CASE # : REC 19 -0146 DEAR Ms . Snyder : I wish to submit the following information regarding the above referenced project. X The concerns of Farmers Reservoir and Irrigation Company are in the area of encroachment to the Right of way of the canal . FRICO requires a minimum of 25 ' on each side of the canal for a maintenance road plus the distance to the toe of the ditch embankment . The boundaries of the Right of way must be agreed upon. X Drainage is another concern that must be addressed as FRICO does not allow any developed storm flow into our canals . This will apply if any development happens . Property concerns need to be resolved . X No construction of any structure can be put on our ROW. No use of any sort including pedestrian or vehicle on our ROW is approved. Please send drainage study and additional information regarding your project so that we may complete our review and that review criteria can be sent to you , if applicable . FRICO does not accept retention ponds adjacent to our facilities , however, we may grant a variance with submittal of application and engineering deposit for review of drainage plan and other documents . X Septic systems must be a minimum of 100 ' from FRICO ' s facilities X Canal road may not be used for access without approval and executed agreement . FRICO will require a license agreement FRICO will require an access permit FRICO will require a seepage agreement FRICO No comments on application/proposal X We request to comment again. The applicant , has or X has not completed a Project Review Application and submitted a deposit for review fees with the Ditch Company. In addition to the above comments , FRICO ' s comments are limited to this set of plans . Please email Scott Edgar, FRICO General Manager or Eve Craven should you have any questions . Sincerely , 5t/ eif Scott Edgar Eve Craven Scott ii farmersres. corn Evedfarmersres..com FRICO , General Manager FRICO , ProjectsCoordinator District), including, without limitation, real property taxes, which shall be prorated to the date of the conveyance. The property owner shall also provide a title insurance commitment and policy in an amount equal to the fair market value of athe ,dedicated property . 6 . Fees in Lieu of Dedication Procedures. In the event that the District determines that fees should be paid in lieu . of of dedication of land, the District shall recommend and request that before recording the final plat for any development, that the local government require proof that the property owner has either paid in full l to the District the applicable fee based on the total number of residential units propos au for the development, or alternatively, that an agreement has been signed between the District and a party in interest acceptable to the District which provides for a means of payment of such fees upon such terms and conditions as the parties may mutually agred upon. t t shall be an acceptable method of payment, for purposes Of such agreements , for the fees to be paid as building permits are issued. . E ear, tioLis. The District has determined that the following types of residential development do not have an adverse effect on the District's ability to provide adequate educational facilities; accordingly they are exempt from land dedication requirements or fees to be paid in lieu of land dedication : (a) alteration or expansion or replacement of a residential dwelling unit not exceeding an increase of 1000 square feet over the existing dwelling; (b) assisted living facilities for the elderly; (c) construction of any building or structure intended for and used for limited terms stays, including by way of example and rot by way of limitation, bed and breakfasts, hotels, family-care or group-care home4, boarding or rooming houses, nursing homes , hotels, motels or hospices; (d) construction of any non-residential building or structure ; and (e) construction ofany residential building or structure classified as housing for older persons, pursuant to the Federal Fair Housing Act then in effect 7 . Use of Funds. The District shall hold or deposit in trust for public school sites all lands or funds it receives in connection with the application of the policy set forth in this Resolution. With respect to funds received, the District shall use such funds solely for acquisition, development, or expansion of public school sites or for capital facilities planning . sites acquisition, or capital outlay purposes. The timing, nature, method and extent of such planning, acquisition, development or outlay shall be at the discretion of the District . 8 . Accountin, lbr Dedications or Fees. The District shall cause to be included within its annual audit a summary and description of the status of receipts of land or fees in lieu of land dedication, so that full disclosure of the District's activities with respect to such receipts may be made public, 9. „ur her_A ctionj. The District hereby authorizes its Superintendent, and such other employees, agents or consultants of the District as the Superintendent shall so designate, to proceed to contact local government entities with territory located within the boundaries of the District in order to inform such entities of the District's adopted policy. 3 a r p RESOLUTION OF THE BOARD OF EDUCATION OF PLATTE VALLEY 'HOOL DISTRICT RE.7 WHEREAS , growth in residential land development and the construction of new residential dwellings within the boundaries of the Weld County School District -7 (the " District") necessitates the acquisition of additional public school sites to accommodate the corresponding increases in student populations; and WHEREAS, requiring land dedications for public school sites, or payments in lieu of land dedications wilt provide a portion of the land to meet such demand ; and WHEREAS , planning departments within the various local governments that have territory within the Lei % tr-io r r'>nti nei y rr1 rr iipplitatlitui i 1ati nz to 11Pm development for review and comments concerning the adequacy of public school sites and facilities; and WHEREAS , local governments are encouraged and authorized to cooperate with other units of government, pursuant to Section 29-20- 105, C.R, . , for the purpose of planning or regulating the development of land, including, but not limited to , the joint exercise of planning , zoning, subdivision , building, and related regulations; and 'WHEREAS , in an effort to promote further cooperation between the District and other l o l governments in connection with the issuance of residential dent ial land development approvals, and in the mitigation of the impacts of such residential land development approvals on the District's ability to provide adequate school, the District has determined to adopt a uniform policy with respect to its recommendations to such local governments in the referral process; and WHEREAS, the District has determined that the mitigation of the impacts of such residential land development approvals should occur through the dedication of land for school sites, or the payment of funds in lieu of such dedication; and WHEREAS, the policy set forth within constitutes a reasonable and uniform method of ensuring that new residential construction and residential development bear a proportionate share of the cost of public school sites acquisition necessary to accommodate the educational service capacity demands of the residents who will be living in the new dwelling units ; NOW, WHEREFORE, the Board of Education of Weld County School District l •7 hereby results as follows : 40 AO Division of Water Resources DNR TM Department of Natural Rcnrees December 3 , 2019 Angela Snyder, Planner Weld County Department of Planning Services Transmission via email: asnyder@weldgov. com Re: Four Lot Recorded Exemption ( Ryan Hostetler) Case No . RECX19 -O146 The SW 1 /4 of Section 29 , T4N , R64W, 6th P. M. Water Division 1 , Water District 2 Dear Angela Snyder: We have received your November 21 , 2019 submittal concerning the above referenced proposal for a recorded exemption to split a 160- acre parcel, known as the SW 1 /4 of Section 29, T4N , R64W, 6th P. M. , into four tots , Lots A, B , and C will be 10 acres each and be used for residential purposes, Lot D will be 130 acres and be used for agricultural purposes . This referral does not appear to qualify as a " subdivision " as defined in Section 30 -28 - 101 ( 10 ) (a ) , C . R. S . Therefore, pursuant to the State Engineer's March 4 , 2005 and March 11 , 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements , In addition , the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water . Estimated water requirements and proposed uses were not provided . There are no permitted wells on the property. The proposed water supply for each lot is a proposed well. The ability for the lots to obtain well permits, and the allowed uses, will be determined at the time that well permit applications are submitted to and reviewed by the State Engineer's Office, This office has no objections to the proposed subdivision exemption . If you , or the applicant, have any questions please contact Wenli Dickinson at 303 - 866 - 3581 ext. 8206 or at wenli . dickinson@state. co . us . Sincerely, , ---iirtutt"r IL logaia Williams, P. E , Water Resources Engineer Ec : Subdivision file 26800 efrio__,N. 4 err) 1313 Sherman Street, Room 821 , Denver, CO 80203 P 303 .866 . 3581 wvwrw.colorado.govlwater 1 ti Jared Polls, Governor I Dan Gibbs, Executive Director I Kevin G . Rein , State Engineer/Director * =` = Hello